Montana Code 82-4-380. Periodic review required
82-4-380. Periodic review required. (1) At least once every 5 years following department approval of a design document pursuant to 82-4-376 during mining, or as required in a reclamation plan approved pursuant to 82-4-336, the operator shall assemble a panel in accordance with the panel requirements in 82-4-377. A reasonable effort must be made to retain previous panel members.
Terms Used In Montana Code 82-4-380
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 82-4-303
- Engineer of record: means a qualified engineer who is the lead designer for a tailings storage facility. See Montana Code 82-4-303
- Operator: means a person who has an operating permit issued under 82-4-335. See Montana Code 82-4-303
- Panel: means the tailings storage facility independent review panel created for each new or expanded tailings storage facility. See Montana Code 82-4-303
- Reclamation plan: means the operator's written proposal, as required and approved by the department, for reclamation of the land that will be disturbed. See Montana Code 82-4-303
- Tailings: means the residual materials remaining after a milling process that separates the valuable fraction from the uneconomic fraction of an ore mined by an operator. See Montana Code 82-4-303
- Tailings storage facility: means a facility that temporarily or permanently stores tailings, including the impoundment, embankment, tailings distribution works, reclaim water works, monitoring devices, storm water diversions, and other ancillary structures. See Montana Code 82-4-303
(2)The panel shall:
(a)inspect the tailings storage facility;
(b)review the tailings operation, maintenance, and surveillance manual and records collected in association with the manual;
(c)interview people with responsibilities identified in the tailings operation, maintenance, and surveillance manual; and
(d)review annual engineer of record inspection reports, corrective action plans, records associated with construction, and any other aspect, plan, record, document, design, model, or report related to the tailings storage facility that the panel needs to review to ensure that the tailings storage facility is constructed, operated, and maintained as designed and is functioning, can be closed as intended, and meets acceptable engineering standards.
(3)The operator shall provide documents and records necessary for the panel to complete a periodic review.
(4)The panel shall prepare a report detailing the scope of review and include any recommendations resulting from the review.
(5)The panel shall immediately notify the department and the operator if there is an imminent threat to human health or the environment.
(6)The final review report must be signed by each panel member and provided to the department and the operator.
(7)The operator shall prepare a corrective action plan and schedule effectively implementing the recommendations included in the panel’s report. The operator shall submit the corrective action plan and schedule to the panel within 60 days after receipt of the panel report.
(8)The panel shall review the corrective action plan and schedule to determine whether the corrective action plan and schedule proposed by the operator will effectively implement the recommendations included in the panel’s report.
(9)Within 30 days after receipt of approval from the panel, the operator shall submit the corrective action plan with an implementation schedule to the department.
(10)Failure to implement the corrective action plan pursuant to the implementation schedule is subject to the provisions of 82-4-361 and 82-4-362.